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QLD No Service Done on Car - Pay under Australian Consumer Law?

Discussion in 'Australian Consumer Law Forum' started by Clive Bixby XO, 26 August 2015.

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  1. Clive Bixby XO

    26 August 2015
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    I went to a person to do some cosmetic vinyl wrapping on my car last week. The person is a small business with an ABN who sent through an invoice for the work before I got there. The person could not get it to work and in turn could not get the job done. The person said he will order more vinyl and that we will do it next week. I did not state that I would return and that I would get back to him later in the week with a date. I never contacted him because I did not want to return as he showed he was unskilled.

    Yesterday (Tuesday) he texts me saying that my replacement vinyl is here and that he will see me tomorrow, I do not respond to the message. Then last night he sends me through an invoice for the vinyl and on the invoice it mentions that I did not show up and I did not give him notice of cancellation.

    Do I have to pay this under Australian Consumer Law? There was no agreed upon time, I did not receive a service as my car is the same as when I gave it to him and by not contacting him I thought it was clear I did not want to return.
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Hi @Clive Bixby XO,

    The Australian Consumer Law states that suppliers of services, must provide those services with due care and skill, they must be fit for any specified purpose and they must be performed within a reasonable time (when no time is set). While you have received no benefit yet, a service has been provided as the guy has worked on your car. However it doesn't appear that he has breached any of those consumer warranties so far, or at least you can't prove it. If he did a really bad job, then you could claim there had been a breach. However from what I can gather it is your opinion that he doesn't know what he is doing.

    On the other hand, by leading this guy to believe you were coming back, he was lead to believe you would pay for the service and in reliance on that spent money on purchasing more vinyl for the job. There may be an argument there, that you would be estopped from backing out of having him perform the services in those circumstances despite the fact that there was no contract made between you.

    I realise the situation you are in is difficult, but I'm not sure that feigning a misunderstanding that you would not be coming back will get you out of it.

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